Chennai: The Tamil Nadu Government is likely to seek clarification from the Principal Bench of National Green Tribunal (NGT) on Monday on its recent order quashing an Office Memoranda of Ministry of Environment and Forest (MoEF) and imposing fines on seven private builders to a tune of Rs 76 crore. Reliable sources in the government said there is confusion in interpreting the order. The order says, “In the absence of such environment impact assessment, the opportunity of protecting the local ecology gets defeated and hence the goals of sustainable development.
The cumulative effect of the illegal and indiscriminate development activity that has been carried out by the project proponents is bound to have serious impact on environment, ecology and biodiversity and a very comprehensive and stringent study would be required to dilute or mitigate adverse environmental impacts of the projects in question”. In the same vein, the order also reads Office Memoranda are held to be ineffective and prohibits MoEF and the State Environment Impact Assess-ment Authority (SEIAA) in the entire country from giving effect to these Office Memoranda in any manner, whatsoever.
“So, the question is why only these seven builders and what about the other violators. Whether the order is applicable to others as well? Should the NGT constituted five-member committee also look into the illegalities of other builders as well? They are the questions for which we need clarification from the NGT”, the source said. When contacted, Special Government Pleader Abdul Saleem, who represented the State Government and the Tamil Nadu Pollution Control Board (TNPCB), said: “On Monday, a memo will be filed in the NGT with regard to the committee formation and probably on the same day clarification would be sought either by us or the applicant’s counsel”.
He said the total list of violators in Tamil Nadu and the action taken by the government has already been submitted before the NGT. The court has clearly said obtaining Environmental Clearance prior to commencement of any activity or project is the mandate of law. This language has to be given its proper and purposive meaning. When the law mandates prior approval, it ought not to be averred as post activity approval or ex-post facto permission.
“In such case, there are 118 violators in the State and the government has initiated criminal proceedings against 55 already and I am preparing documents to file complaints against 25 more builders”. Among the seven builders, who have been asked to pay the fine, the TNPCB had already initiated action against three and had taken proceedings in the court. Action is yet to be taken against other four, he added.
